Declaration of an Approved Wildlife Trade Operation - South Australian Marine Scalefish Fishery (Variation)

Overview

The Environment Protection and Biodiversity Conservation Act 1999 was enacted to address the need for comprehensive protection of Australia's environment, particularly in relation to biodiversity conservation and the management of international wildlife trade. This Act, passed by the Parliament of Australia, aims to provide a robust framework for the protection of Australia's natural environment and heritage, ensuring that development and trade activities do not significantly harm the environment. The legislation establishes processes for the assessment and approval of actions that may impact the environment, including wildlife trade operations. The Act also aligns Australia's obligations under international treaties such as the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). The policy objective is to achieve ecologically sustainable development through the conservation of biodiversity and the management of environmental impacts.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to the South Australian Marine Scalefish Fishery, as defined under the Fisheries Management Act 2007 and associated regulations. This Act governs the conduct of the fishery to ensure its operation aligns with ecological sustainability and biodiversity conservation principles. The declaration of an approved wildlife trade operation, as varied, ensures that the management of the fishery complies with specific conditions outlined in the Act, including adherence to the management regime under the SA Fisheries Management Act 2007, and the timely and public dissemination of scientific assessments and recovery strategies for key species such as snapper, King George whiting, and garfish. The declaration also mandates the South Australian Primary Industries and Resources SA (PIRSA) to report annually to the Department of the Environment and Energy and to implement changes in response to scientific findings. This legislative framework extends its reach across the Commonwealth, ensuring that biodiversity conservation efforts are consistent with Australia’s international obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Key Provisions

The key operative sections of this notifiable instrument vary the declaration of an approved wildlife trade operation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) (s 303FT(7)(b)). Specifically, the declaration concerning the South Australian Marine Scalefish Fishery is amended such that the condition requiring the Primary Industries and Resources South Australia (PIRSA) to report annually to the Department of the Environment and Energy is now more detailed and stringent. This includes ensuring that updated scientific assessments on stock levels are publicly available, and implementing recovery strategies to rebuild primary species stocks within a specific time period (Schedule, Condition 1). The operation of the fishery is to be carried out in accordance with the management regime under the South Australian Fisheries Management Act 2007, the Fisheries Management (Marine Scalefish Fisheries) Regulations 2006, and the Fisheries Management (General) Regulations 2007. The declaration is valid until 15 March 2019, unless otherwise amended or revoked. The obligations imposed by this Act on the relevant parties, primarily PIRSA, include the production and presentation of reports to the Department of the Environment and Energy annually, in accordance with the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition (Schedule, Condition 1). PIRSA must also ensure the findings of updated scientific assessments on stock levels for certain species are publicly available and include an evaluation of the success of changes to management arrangements. Furthermore, PIRSA must finalise, publicly release, and implement recovery strategies to rebuild primary species stocks to ecologically viable levels within a specific time period, appropriate to the biology of the stocks, and continue to ensure that stock levels of these species are well understood (Schedule, Condition 1). The notifiable instrument outlines specific consequences for breaches of the amended declaration. Under the Administrative Appeals Tribunal Act 1975, a person whose interests are affected by this decision may apply for a statement of reasons and for independent review of the decision (Note 1). An application for a statement of reasons may be made in writing to the Department of the Environment and Energy within 28 days of the date of the declaration, while an application for independent review may be made to the Administrative Appeals Tribunal on payment of the relevant fee within 28 days of the date of the declaration, or if reasons are sought, within 28 days of receipt of reasons. Further information may be obtained from the Director, Sustainable Fisheries Section. Additionally, Australia's obligations under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are met through Part 13A of the EPBC Act, which includes provisions for CITES export permits and non-detriment findings for species listed in Appendix II of Australia’s CITES list (Note 2).